The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on the one who declares, not on one who denies), is the principle that one is considered innocent unless proven guilty.
In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is also regarded as an international human right under the UN's Universal Declaration of Human Rights, article 11. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused is to be acquitted. Under the Justinian Codes and English common law, the accused is presumed innocent in criminal proceedings, and in civil proceedings (like breach of contract) both sides must issue proof. Under Anglo-American common law, the accused is always presumed innocent in all types of proceedings; proof is always the burden of the accuser. The same principle is recognized by Islamic law.
